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Plant closed by ammonia discharge suffered direct physical property loss: Court

  • December 2, 2014
The sudden discharge of ammonia that temporarily closed a New Jersey-based manufacturer's plant qualifies as direct physical property loss or damage under New Jersey law, a federal judge has ruled.

“The court recognized that when a key policy term such as 'direct physical loss or damage' is not defined, the ambiguity must be construed in favor of the policyholder, and that an accident that renders a building unfit for occupancy and in need of remediation constitutes physical loss by any reasonable understanding of the term,” Robert Chesler, shareholder at New York-based Anderson Kill P.C. and counsel for Gregory Packaging, said in a statement released on Wednesday. “That's good news for policyholders.”

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